Patna High Court
Neelam DeviversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The writ application is dismissed as withdrawn.
Summary
Neelam Devi, the Pramukh of Patna Sadar Block Panchayat Samiti, filed a writ petition challenging a requisition and subsequent notice calling for a special meeting to consider a no‑confidence motion against her. She contended that the requisition was not presented as required by Section 44(3)(i) of the Bihar Panchayat Raj Act, 2006 and that the notice was issued before the statutory 15‑day period had elapsed, rendering both illegal. The petitioner sought certiorari, mandamus and an interim stay, as well as a declaration of the procedural requirements. During the hearing, the petitioner informed the court that she wished to withdraw the application because the relief sought had become infructuous. The court accordingly dismissed the writ application as withdrawn, without addressing the substantive issues.
Issues considered
- Whether the requisition filed by elected members complied with the procedural requirements of Section 44(3)(i) of the Bihar Panchayat Raj Act, 2006
- Whether the notice dated 07‑03‑2026 and the special meeting scheduled for 14‑03‑2026 were illegal for being issued before the expiry of the 15‑day period prescribed by the Act
- Whether the petitioner was entitled to writs of certiorari, mandamus, and an interim stay to quash the requisition and notice
Legislation cited
- Bihar Panchayat Raj Act, 2006 — s. 44(3)(i)
Subjects
- Writ petition
- Certiorari
- Mandamus
- Interim stay
- No‑confidence motion
- Panchayat Raj Act
- Procedural validity
- Withdrawal of application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5320 of 2026
======================================================
Neelam Devi Wife of Naresh Chandra, Resident of Fatehganjpur, PO
Sabalpur, PS Nadi, District Patna, Bihar 800009, Presently Pramukh, Patna
Sadar block Panchayat samiti, District Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Panchayati Raj Department,
Government of Bihar, Patna.
2. The Principal Secretary, Panchayati Raj Department, Government of Bihar,
Patna.
3. State Election Commission, Bihar, Patna through its Secretary, State
Election Commission, Sone Bhawan, Veer Chand Patel Path, Patna.
4. District Magistrate-cum-District Election Officer (Panchayat), Patna.
5. Sub-Divisional Officer, Patna, District Patna.
6. Block Development Officer, Patna Sadar-cum-Executive Officer, Patna
Sadar Block Block Panchayat Samiti, District Patna.
7. Maya Devi, Wife of Paras Nath, presently UP Pramukh, Patna Sadar Block
Panchayat samiti, District Patna.
8. Vidya Prasad, Son of Prabhunath Rai, presently member from territorial
constituency no. 1, Patna Sadar Block Panchayat samiti, District Patna.
9. Chandan Kumar, Son of Dharam Raj Rai, presently member from territorial
constituency no. 2, Patna Sadar Block Panchayat samiti, District Patna.
10. Satya Narayan Chaudhary, Son of Shyam Babu Chaudhary, presently
member from territorial constituency no. 10, Patna Sadar Block Panchayat
samiti, District Patna.
11. Urmila Devi, wife of Krishna Pandit, presently member from territorial
constituency no. 11, Patna Sadar Block Panchayat samiti, District Patna.
12. Chandni Devi, wife of Deepak Kumar, presently member from territorial
constituency no. 12, Patna Sadar Block Panchayat samiti, District Patna.
13. Lallan Kumar Singh, Son of Ramashish Singh, presently member from
territorial constituency no. 13, Patna Sadar Block Panchayat samiti, District
Patna.
14. Amarjeet Kumar, Son of Late Rampravesh Singh, presently member from
territorial constituency no. 14, Patna Sadar Block Panchayat samiti, District
Patna.
15. Kailash Prasad, Son of Laldev Prasad, presently member from territorial
constituency no. 15, Patna Sadar Block Panchayat samiti, District Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gaurang Darshan Dixit, Advocate
Mr. Parijat Saurav, Advocate
Patna High Court CWJC No.5320 of 2026(2) dt.23-04-2026
2/4
For the Respondent/s : Mr. Standing Counsel (21)
Mr. Ravi Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 23-04-2026 Heard learned counsel for the parties.
2. The petitioner has filed the instant application for
the following relief(s):
“i. For issuance of an appropriate writ in
the nature of CERTIORARI, for quashing the
requisition dated NIL which was submitted by five
elected members of the Block Panchayat Samiti, Patna
Sadar in the office of the Respondent No. 6 in which a
request has been made to convene the special meeting
of the Block Panchayat Samiti, Patna Sadar to consider
the NO CONFIDENCE MOTION against the petitioner
on the ground that neither said requisition is a legal
and valid requisition in the eye of law nor other
mandatory statutory requirements of provisions
contained under Subsection 3 (i) of section 44 of the
Bihar Panchayat Raj Act, 2006(herein after to be
referred as the Act, 2006) has been followed in as much
as statute stipulates for presentation of such requisition
before the Pramukh with a copy to the executive officer,
the said requisition submitted directly in the office of
Respondent No. 6 without presenting it before the
petitioner in compliance of the procedure prescribed
under Sub-Section 3(i) of section 44 of the Gram
Panchayat Act hence same is illegal and fit to be
rejected.
ii. For issuance of an appropriate writ in the
nature of CERTIORARI, for quashing the notice
Patna High Court CWJC No.5320 of 2026(2) dt.23-04-2026
3/4
contained in letter no. 749 dated 07-03-2026 issued
under the authority of Respondent No. 6 whereby and
where under all the elected members of the Block
Panchayat Samiti, Patna Sadar were informed that
special meeting for consideration of NO
CONFIDENCE MOTION as against the writ petitioner,
will be held on 14-03-2026, on the ground that neither
the said illegal requisition can be acted upon nor such
requisition can be acted upon by the elected members
prior to expiry of statutory period of 15 days of receipt
of said requisition to the concerned Pramukh.
iii. For issuance of an appropriate writ in
the nature of ad-interim stay as against the notice
dated 07-03-2026 as also proposed special meeting
dated 14-03-2026 on the ground that both the notice as
also the consequent meeting is illegal in the eyes of law
and thus no validity can be assigned to same.
iv. For issuance of an appropriate writ in the
nature of Mandamus or any other similar writ of
similar nature, commanding and directing the
Respondent authorities not to act on illegal requisition
and the notice dated 07-03-2026 on the ground that the
said requisition has been filed within statutory ban of 2
years which is not allowed and additionally the date of
special meeting has been fixed prior to lapse of 15 days
period which is being given to the Pramukh under the
scheme of the Act, 2006.
v. For a declaration that if statute prescribes
a particular act to be done in a particular manner it
should be done in that manner alone or not at all and
any other mode is not only necessarily prohibited but
also constitute illegality.
Patna High Court CWJC No.5320 of 2026(2) dt.23-04-2026
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vi. For issuance of any other appropriate
writ/writs, order/orders, direction/directions for which
the writ petitioner is entitled under the facts and
circumstances of the case.”
3. Learned counsel for the petitioner prays for
withdrawal of the instant application in view of the prayer made
herein having become infructuous.
4. In view of the above, the writ application is
dismissed as withdrawn.
(Partha Sarthy, J)
Saurabh/-
U
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